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Woman who suffered brain injury sues former APD officer for excessive force

A black and white Austin police cruiser is shown from the side.
Michael Minasi
/
KUT News
Austin police fired an officer accused of excessive force during the arrest of Natalie Gialenes in 2024.

Natalie Gialenes was on vacation in Austin in December 2024 when an Austin Police officer slammed her to the ground while arresting her for public intoxication. Now, she's suing the city and the former officer for excessive force.

Gialenes said in a lawsuit filed Monday that former APD Officer Joseph Spees caused her permanent brain damage. Spees was fired by the department last month after an investigation found he used excessive force and misled investigators about the severity of Gialenes’ arrest.

Gialenes was visiting Austin from South Carolina when she was approached by police outside the Austin Marriott hotel on Cesar Chavez Street. She had been staying at the hotel and was arguing with staff just after 3 a.m. Police handcuffed Gialenes for suspicion of public intoxication. According to the lawsuit, Spees slammed Gialenes down to the ground after she bent down to pick up her ID.

Spees also allegedly slammed Gialenes' head as he put her in a patrol car. Her lawsuit, filed by attorney Jeff Edwards, said she sustained brain trauma among other injuries.

Edwards said the behavior is consistent with previous allegations of excessive force over the past 15 years.

“Ms. Gialenes suffered a painful and serious brain injury that will impact her for the rest of her life,” he said in a statement. “APD must do more than terminate the officer – it must acknowledge the department’s systematic wrongdoing, revamp its disciplinary system, and change its training immediately, or more people will continue to be senselessly injured by APD officers.”

The lawsuit outlines more than 40 cases in which Austin police officers have been accused of excessive force. Stretching back to 2011, the lawsuit cited the violent 2015 arrest of a Black elementary school teacher, another 2015 incident in which a jury found APD used excessive force against two Black men during a jaywalking arrest and dozens of cases that stemmed from the 2020 protests after George Floyd's murder.

Austin has struggled for years to change the culture at APD's training academy.

An analysis commissioned by the city in 2020 found APD's training did not emphasize de-escalation, relied too heavily on using unnecessary force and that officers were resistant to reforming curriculum.

In October, the city's Public Safety Commission called for City Council to audit the reform efforts stemming from the study, arguing there have not been substantial updates in years.

In a statement Monday, a city of Austin spokesperson said the city had not yet been served with the lawsuit, "but will review it and respond appropriately.”

Andrew Weber is KUT's government accountability reporter. Got a tip? You can email him at aweber@kut.org. Follow him on Twitter @England_Weber.
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